K1 filing questions

[Hamlet]

I have prepared my package to file for the fiance visa.  I am a bit perplexed, however, at some of the different things others have included in their filings which do not appear to be required.

I have reviewed a copy of a filing done by an attorney (a friend gave it to me), and I have read various accounts of filing requirements posted by others here on PL.  Here are some of the discrepancies that confuse me.  Any enlightenment would be appreciated.

LAWYER AND PL POSTERS:  Must file affidavit of singlehood.
I-129F INSTRUCTIONS:  Nothing about this is mentioned.

LAWYER AND POSTERS: Must provide certified copy of fiance's birth certificate and notarized copy of her passport.
I-129F INSTRUCTIONS: Nothing is mentioned about these documents.

LAWYER AND POSTERS: Must provide financial information.
I-129F INSTRUCTIONS: Nothing is mentioned about financial information.

LAWYER AND POSTERS: Must submit three ADIT and two passport photos.
I-129F INSTRUCTIONS: Must submit one ADIT photo of me and one of my fiance.

LAWYER AND POSTERS: Must submit an I-134.
I-129F INSTRUCTIONS: Nothing is mentioned about this form.

Hamlet

[Bob S]

... in response to K1 filing questions, posted by Hamlet on Nov 2, 2003

For the absolute truth, you can see the check list on the Bureau of
Citizenship web site at http://www.immigration.gov/graphics/
howdoi/fianceapp.htm .

"LAWYER AND PL POSTERS: Must file affidavit of singlehood.
I-129F INSTRUCTIONS: Nothing about this is mentioned."

In some countries, if you plan to marry there, you must submit proof
that you are single.  There is often a document available from the
U.S. embassy you can get to marry there.  For the I-129F, you only
need to submit divorce documents if you were previously married.
(See instruction #5 of the I-129F)

"LAWYER AND POSTERS: Must provide certified copy of fiance's
birth certificate and notarized copy of her passport.
I-129F INSTRUCTIONS: Nothing is mentioned about these
documents."

As mentioned below, only translated copies are necessary.  The I-
129F states that certified copies are required.

"LAWYER AND POSTERS: Must provide financial information.
I-129F INSTRUCTIONS: Nothing is mentioned about financial
information."

Not necessary for a fiancee visa since it is a non-immigrant visa.  It
is required for the I-485 Adjustment of Status to become an
immigrant.  Then you will have to file an I-864 Affidavit of Support
that is very complicated and requires copies of your last 3 years
tax returns.  I had to fill out one of these for my wife when we filed
for her I-130 Petition for Alien Relative.  Since you are not marrying
there, you will not need to worry about this until she gets here and
you decide to keep her.  But as it takes time, you might as well start
gettign familiar with what you will need.
See: http://www.immigration.gov/graphics/formsfee/forms/i-485.htm

"LAWYER AND POSTERS: Must submit three ADIT and two
passport photos.
I-129F INSTRUCTIONS: Must submit one ADIT photo of me and
one of my fiance."

Follow the visa instructions of course, but these little things get lost.  
It never hurts to have an extra or two just in case, ya know?

"LAWYER AND POSTERS: Must submit an I-134.
I-129F INSTRUCTIONS: Nothing is mentioned about this form."

No more I-134.  Just the I-864 after you marry and get ready to
adjust her status.  See above.

Good luck!

[Humabdos]

... in response to K1 filing questions, posted by Hamlet on Nov 2, 2003

Follow Ray's advice, don't let anyone else confuse you especially an attorney! lol

Make sure you give them a photo of the two of you together or even better with her family, especially if she is under 25.
A friend of mine who recently returned from the Philippines talked to an older guy engaged to a 20 year old filipina, he had to return to the Philippines because he didn't have a photo of the two of them together with her family.

Hum

[Minnesota guy]

... in response to K1 filing questions, posted by Hamlet on Nov 2, 2003

When I first looked at all the K1 information I was ready to throw it all in a lawyer's lap and pay someone to get it right. Plenty of posts told me that doing this would not save me any time and perhaps it would not be any better. For my information I went to the Marriage Visa Information Pages by Doc Steen listed on the home page of Planet Love. It is very detailed but still easy to understand. In my case my fiancee was here in my arms 5 months later. Another factor is how much your fiancee will have to do from her end. Lots of hoops to jump through. Good Luck!

[Ray]

... in response to K1 filing questions, posted by Hamlet on Nov 2, 2003

LAWYER AND PL POSTERS: Must file affidavit of singlehood.
Lawyer is nuts!

LAWYER AND POSTERS: Must provide certified copy of fiance's birth certificate and notarized copy of her passport.
Lawyer is nuts!

LAWYER AND POSTERS: Must provide financial information.
Lawyer is nuts!

LAWYER AND POSTERS: Must submit three ADIT and two passport photos.
I-129F INSTRUCTIONS: Must submit one ADIT photo of me and one of my fiance.
You are correct. Lawyer is nuts!

LAWYER AND POSTERS: Must submit an I-134.
Lawyer is nuts!

That just shows that some attorneys don’t know their butt from a hole in the ground (sorry Stephen). Submit what the form instructions ask for and nothing more. Here’s my handy K-1 check off list:

1. Completed form I-129F

2. Filing Fee

3. G-325A (Biographic Information) for you

4. G-325A (Biographic Information) for your fiancée

5. One recent color ¾ frontal photo of yourself

6. One recent color ¾ frontal photo of your fiancée

7. Copy of petitioner’s certified birth certificate or
proof of U.S. citizenship

8. Complete documents showing legal termination of all previous marriages

9. Evidence of meeting within last 2 years

10. Original statements of mutual intent to marry

11. Evidence of mutual intent to marry

12. Signed statement attesting to the fact that document copies submitted are exact photocopies of unaltered originals

Ray

[Dave H]

... in response to Lawyer is nuts!, posted by Ray on Nov 2, 2003

Hi Ray,

I did what you said and it worked perfectly for us!

Dave H.

[Michael B]

... in response to Lawyer is nuts!, posted by Ray on Nov 2, 2003

You only failed to mention one thing--if any docoments are not in English, they must be transalated into English and each translated document must have a statement from the translator attesting that he is a competent translator and that it is an accurate translation.....but (I honestly don't know) maybe Philpine documents are already in English?

[Ray]

... in response to Re: Lawyer is nuts!, posted by Michael B on Nov 2, 2003

But "normally", there are no foreign documents to submit with the fiancé petition unless maybe the foreign half was previously married. Contrary to popular misconception, the foreign fiancée’s birth certificate is NOT submitted with the K-1 petition.

Yes, official documents in the Philippines are in English. I think (?) Hamlet is doing the Vietnam thing, so he’ll probably need translations later.

Ray

[Dave H]

... in response to Re: Lawyer is nuts!, posted by Michael B on Nov 2, 2003

N/T

[Windmill Boy]

... in response to Lawyer is nuts!, posted by Ray on Nov 2, 2003

Hi  Ray

Since  there  is  a  decent  possibility  that  I  might  be getting  involved  with  this  process  myself,  I  guess  it  is  time  that I start  to pay  attention  to  this  information  now.    However I  am  a  little  confused  between  the  difference  between ...

10. Original statements of mutual intent to marry

and

11. Evidence of mutual intent to marry

Can  you  elaborate  for  me ?

Windy

[Ray]

... in response to Re: Lawyer is nuts!, posted by Windmill Boy on Nov 2, 2003

Hi Windy,

I guess that means you really are getting serious this time? :-)

The original statements are something in writing from both parties, signed and dated, stating that you intend to marry within 90 days of her arrival in the U.S.  It could be a joint statement signed by both, or individual statements.

The evidence of mutual intent can be letters, photos, phone bills, greeting cards, e-mails, chat transcripts, wedding invitations, receipts for wedding gown or reception venue, etc., that show a genuine relationship and intent to marry. Anything you have that will help dispel their suspicion that you are trying to commit some kind of visa fraud just to gain entry to the U.S.  Like Humabdos mentioned, they also like to see cards, letters, or photos to show that your family and hers are involved.

Ray